Fifth Circuit Addresses Good Moral Character Requirements for Cancellation of Removal

In a reissued decision, the Fifth Circuit addressed whether confinement in a penal institution for more than 180 days for a conviction that does not qualify as a crime involving moral turpitude would still pose a statutory bar to establishing the requisite good moral character for cancellation of removal. The court also addressed whether the 10 years of good moral character required for cancellation of removal dates back from the adjudication of the application for cancellation or from the date of service of the Notice to Appear.

The court concluded that an applicant is precluded from establishing the requisite good moral character if they are incarcerated for more than 180 days, even if the incarceration is not related to a crime involving moral turpitude. The court further concluded that good moral character must be established in the 10 years preceding adjudication of the cancellation application.

The full text of Rodriguez-Avalos v. Lynch can be found here: http://www.ca5.uscourts.gov/opinions/pub/13/13-60736-CV1.pdf

My blog post about the original decision in Rodriguez-Avalos can be found here: http://www.sabrinadamast.com/journal/2015/3/8/no-good-moral-character-for-immigrant-who-serves-7-months-for-a-federal-conviction-for-falsely-claiming-to-be-a-us-citizen